Landlords must abide by specific legal prerequisites in Louisiana when notifying tenants of eviction. When a tenant fails to pay rent, violates a lease, or when a landlord wants to end a rental agreement, furnshing a free Louisiana eviction notice form helps avoid legal conflicts and maintain compliance with the law. Click To Investigate
When is an eviction notice warranted in Louisiana?
Notification becomes mandatory in the following cases:
- A tenant does not pay rent in time.
- A tenant breachs the lease terms.
- A landlord wants to end a month-to-month tenancy.
- There is illegal activity taking place on the premises.
If the tenant does not vacate the premises or do remediate the violations within the notice period, the landlord becomes entitled to file an eviction lawsuit.
Categories of Free Louisiana Eviction Notice Forms
1. Louisiana Nonpayment of Rent 5-Day Notice form.
A five-day notice to vacate is obligatory before a landlord sues a tenant for failing to pay rent. Should the tenant fail to pay or vacate in five business days, the landlord is legally permitted to take action.
2. Notice to Cure or Quit
In cases of property damage, unauthorized pets, or excessive noise, the landlord is required to send a notice to cure or quit. The tenant must either remove the violation or vacate the premises within the set time period.
3. 10-Day Notice to End Month-to-Month Tenancy
When an landlord wants to terminate a month-to-month lease, they are required to serve a 10-day notice to vacate the premises during eviction filing.
4. Immediate Eviction for Illegal Activity
In the event that illegal activity takes place on the premises, the landlord has the right to proceed with eviction immediately, without any mandatory notice waiting period.
How to Serve a Free Louisiana Eviction Notice Form
An eviction notice is legal only when served through any of the following channels:
- Personal delivery — Delivering the notice to the tenant in person.
- Posting at the rental property — If the tenant is not in the house, the notice can be posted on the door.
- Certified mail — The notice can be sent through certified mail, and a return receipt will serve as proof of delivery.
Failure to follow these guidelines may lead to dismissal of the eviction case in court.
Costs of Filing an Eviction in Louisiana
While serving a Louisiana eviction notice form incurs no cost, starting an eviction lawsuit comes with expenses including:
- Filing fees: $100-300 depending on the parish.
- Service fees: $50-100 for serving the legal documents.
- Attorney fees: Depends on the legal work required.
- Sheriff enforcement fees: $75-200 if need law enforcement to remove the tenant.
Landlords are encouraged to try and solve the issues with the tenants directly instead of through the court in order to save money.
Steps to Evict a Tenant in Louisiana
Step 1: Serve an Eviction Notice
A written eviction notice has to be given and the tenant must be provided a legally mandated timeline to respond.
Step 2: File an Eviction Lawsuit
If there is no compliance from the tenant, the landlord may go a step further and file a Rule for Possession in the court at the parish they live in. Court hearing is often arranged within 3-5 days.
Step 3: Court hearing and judgment
At the court hearing, both sides have the opportunity to voice their arguments. In case the judge favors the landlord, the writ of possession will be handed to the landlord and the tenant will be legally compelled to vacate the house.
Step 4: Sheriff Enforcement of Eviction
A tenant in possession of the premises has the right to remain in the entire property until the landlord obtains an eviction order from the court. After such an order has been obtained, it is within the landlord's power to pursue sheriff enforcement to evict the tenant.
Tenant Rights and Legal Defenses
A tenant can contest an eviction on the grounds that:
- The landlord previously served the eviction notice incorrectly.
- The eviction appears to be retaliatory, discriminative or malicious uniquely aimed at the victim's circumstances.
- The landlord has continued to accept payments contrary to the execution of an eviction.
- The residence is deemed unliveable due to the failure to conduct necessary maintenance.
If a tenant is able to successfully appeal the eviction, the court may issue a ruling in their favor that allows them to remain in the property.
Final Thoughts
It is essential for landlords to provide a valid Louisiana eviction notice which must satisfy the legal requirements before commencing an eviction case. It is the responsibility of the landlords to comply with the steps, but at the same time, there is a need for tenants to be informed of their legal rights to appropriately dispel cases of eviction which are unmerited. Adhering to Louisiana state law regarding eviction will be of mutual benefit to both parties in terms of legal compliance.
Important Read: https://en.wikipedia.org/?title=Process_server&redirect=no